Savills (UK) Ltd (Savills (UK) Ltd) on behalf of Gardens of Peace Muslim Cemetery
"Dear Sir / Madam Gardens of Peace Muslim Cemetery - Plots 1/8 - Representation against Highways England’s M25 Junction 28 Improvement Scheme Savills (UK) Ltd has been instructed by the Trustees of Gardens of Peace Muslim Cemetery to act on their behalf in relation to the M25 Junction 28 Improvement Scheme (“the Scheme”). As per Highways England (HE) letter dated 14th May 2020 with Development Consent Order (DCO) plans enclosed, Gardens of Peace owns Plot 1/8. Please note, whilst Gardens of Peace appear to be the registered owner Plot 1/9, this is an error at Land Registry and accordingly Gardens of Peace are in the process of having a boundary survey undertaken with the revised plan registered at the Land Registry by early November. This will remove what HE identify as Plot 1/9 from their ownership. Plot 1/8 is subject to temporary possession with permanent rights. In response to HE letter addressed to Gardens of Peace, dated 21st July 2020, we are instructed to submit the following representation against HE’s Scheme. Gardens of Peace is a charity, and thus non-profit making, providing burials for the Muslim community in London. Gardens of Peace rely solely on Lillah donations and burial and funeral fees to maintain the cemeteries, pay wages and to build a fund for future maintenance and development of cemetery land. Given the nature of cemeteries, Gardens of Peace are required to plan well in advance for future expansion. Accordingly, Gardens of Peace acquired 30 acres of land (known as “Maylands”) in 2007 to ensure they had a “land bank” for a new cemetery to serve the Muslim community once the existing cemetery neared capacity. Plots 1/8 forms part of Maylands. In recent years, it was evident the new cemetery was required and accordingly, Gardens of Peace applied for planning permission in 2014 which was declined. Planning was subsequently approved on Appeal on 23/1/2017. However, whilst Gardens of Peace were already under pressure to commence development of the new cemetery, Covid-19 exacerbated this pressure with an increase in mortality rates. Gardens of Peace are now under significant time pressure to open their new Cemetery to allow for adult burials. Maylands, including the area subject to Plot 1/8, has always been designated a greenfield site and therefore, the overall design and look of the proposed cemetery had to overcome a number of stringent conditions to be approved. Gardens of Peace have already expended a considerable sum in professional fees to draw up the overall design for the optimum use of the site. The extensive preliminary ground works (costing in excess of £500,000) commenced in 2017, which included clearing the site, preserving the tress in woodland belt, work clearing soil of roots, harrowing, installing site services – ducts for water, electricity, borehole water, road works, foul connections, site drainage, fencing, perimeter screen planting and a boundary wall. In order to develop into a cemetery (which is due to commence in the first half of 2021), planning approval allows for the construction of a car park for cars and coaches, constructing an access off the A12 into the site with roads leading to the car park and the main office building and chapel facilities for mourners, extensive landscaping to make the cemetery a sympathetic area whilst providing up to 10,000 burials and constructing a building to act as general workshop / store. An opening date of February 2022 has always been targeted to allow a smooth transition from their current cemetery to Maylands. However, if the Scheme is progressed as proposed, meeting the opening date will not be possible for the following reasons: - The Scheme will cause delays and interruptions to Gardens of Peace’s contractor’s work schedule - Gardens of Peace will have to redesign their scheme to allow development of the cemetery whilst the junction improvement works are being undertaken - Even once the Scheme is completed, Gardens of Peace will not be able to open the cemetery as the subject area will require developing to allow the cemetery to be opened for burials and mourners. Having a part completed cemetery will not be acceptable to Gardens of Peace, given the sensitive use of the site. - We note on the HE website that the start date for the Scheme is listed as 2021-2022 and therefore will not be completed in advance of February 2022 to allow Gardens of Peace to progress their development. Accordingly, if the Scheme is progressed as proposed the opening of the cemetery will be entirely in the hands of HE contractors. In addition to the above, we also take this opportunity to raise the following concerns about the Scheme based on the information provided to date: i. Insufficient Information Provided – Whilst a conference call has been held with Gardens of Peace, their development advisors, Savills, Highways England and Atkins Global, further information could be provided for Gardens of Peace to better understand the effects of the Scheme on their property. A site meeting was provisionally arranged ahead of the representation deadline, but later cancelled as HE were not in a position to give any further clarity on the Scheme. We therefore currently have insufficient information to enable full understanding of the effects of the Scheme on Garden of Peace’s land and thus are not able to fully respond to the Scheme proposals. ii. Future Land Use Restrictions – We have requested on more than one occasion the proposed wording of the easement for the gas main. We are yet to have sight of this and are therefore unclear as to any future land use restrictions which may adversely impact on the number of burials available on the land. This is important to Gardens of Peace as the land was acquired for the purpose of a cemetery and if a large area is to be sterilised due to the presence of the gas main, the proposed cemetery will have to be redesigned. Furthermore, it will reduce the expected income generated by the sale of burials which could have a permanent impact on the reinvestment into the cemetery. iii. Area subject to Temporary Possession – The land subject to the DCO is excessive and can be redesigned to have a lesser impact on Gardens of Peace’s land, or, be moved entirely off Gardens of Peace’s land to minimise the disruptions caused by the Scheme’s and allow for the proper running of their intended use. iv. Development of the Site – During the construction period of the Scheme, the main access into the cemetery, the car parking area to be used by all mourners and a substantial number of burial sites, approximately 250, will be significantly affected. v. Gas Main Design – Cadent Gas have recently undertaken a walk over survey and it has been confirmed by Highways England that any detailed designs on the gas main will not be available until next year. This therefore causes Gardens of Peace uncertainty in terms of their current development plan and schedule and consequently may cause additional delays in commencing their development until Cadent have confirmed the final design of the gas main. vi. Effect of Construction – Gardens of Peace are also concerned about the effect of congestion caused by the junction improvement works on the running of the cemetery during the Scheme works. With all the above in mind, it is evident that if the Scheme is not amended as currently proposed, it will have a significant and long lasting detrimental effect on the cemetery at a time where there is already significant pressure to provide burial space. We reserve the right to amend, extend or withdraw this representation in due course. Please confirm receipt of this representation. Yours faithfully Gwyn Gwyn Church Savills (UK) Ltd"